The prayer was offered by the Chaplain, Fr. David Hussey, followed by the Pledge of
Allegiance led by House page Carter Munce.
Roll Call: All members present except Reps. Bordeaux, McPherson, Soli, and Zikmund
who were excused.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1035 and 1037 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1036 which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1019, 1021, and 1026 and returns the same with the recommendation that said
bills do pass.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1020 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1027 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1048 and 1049 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1068 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1069 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Your Joint-Select Committee on Joint Rules respectfully reports that it has had under
consideration the joint rules and recommends that the temporary joint rules adopted by the
Ninety-third Legislative Session be adopted as the permanent joint rules of the Ninety-third
Legislative Session with the following changes:
Amend Chapter 1 of the Joint Rules as follows:
1-10. Dissent against an act or resolution. Any two members of a house may dissent or protest
in respectful language against any act or resolution which they think injurious to the public or
to any individual. and have the The reason for their dissent or protest shall be presented to the
house and entered upon the subsequent legislative day's journal. However, if an objection is
made any member objects prior to adjournment on the subsequent legislative day that the
language of the dissent or protest is not respectful, and a majority of the house agrees, the house
may refer the dissent or protest back to the dissenting or protesting members for emendation.
Members submitting a dissenting report shall be given one opportunity for emendation, which
shall be completed within one week of the request for emendation.
Amend Chapter 1A of the Joint Rules as follows:
1A-4. Sexual harassment prohibited. All members are responsible for ensuring that the
workplace is free from sexual harassment. All members shall avoid any action or conduct which
could be viewed as sexual harassment. A member shall report any sexual harassment complaint
to the presiding officer of the house to which the member belongs. If the situation is not
resolved, the member shall forward the complaint to the Executive Board of the Legislative
Research Council.
Amend Chapter 1B of the Joint Rules as follows:
1B-3.2. Sexual harassment prohibited. All members are responsible for ensuring that the
workplace is free from sexual harassment. All members shall avoid any action or conduct that
could be viewed as sexual harassment. A member shall report any sexual harassment complaint
to the president pro tempore or the speaker according to which house the member belongs. If
the situation is not resolved, the member shall forward the complaint to the Executive Board of
the Legislative Research Council.
1B-4. Action in event of violation. Failure to observe the highest standards of public conduct
will subject a legislator to appropriate action, pursuant to the rules of the Chamber and Mason's
Manual of Legislative Procedure respective house.
Amend Chapter 2 of the Joint Rules as follows:
2-1. Those permitted on the floor during session. In addition to current legislators, only the
following persons are entitled to the floor of the House of Representatives or Senate during
sessions: justices of the Supreme Court or persons who are or have been Governor, Lieutenant
Governor, or members of the Congress of the United States from South Dakota; former
members of the South Dakota Legislature, except those currently serving in any elective state
or local office other than Governor or Lieutenant Governor; current legislative employees; and
news reporters; and former members of the South Dakota Legislature, except those who are
registered lobbyists or those currently serving in any elective state or local office other than
Governor or Lieutenant Governor. However, these persons may not be on the floor if acting in
a manner to influence legislation. No other person may be admitted to the floor without consent
of the presiding officer.
Amend Chapter 5 of the Joint Rules as follows:
5-3. Priority of motions. When a question is under debate, no motion may be made except the
following motions which have precedence in the order listed:
I 1. To adjourn; (nondebatable)
II 2. To recess;
III 3. To call the house;
IV 4. To lay on the table; (nondebatable)
V 5. To call the previous question; (nondebatable)
VI 6. To defer indefinitely;
VII 7. To defer to a day certain;
VIII 8. To refer to committee;
IX 9. To amend.
5-8.1. Motion to postpone defer indefinitely or to the 41st day as final action. A motion to
defer indefinitely or to a date beyond the sine die adjournment of the Legislature the 41st day
requires the vote of a majority of the members-elect.
5-9. Division of the question. Any member may call for a division of the question. The
presiding officer shall divide the question if it contains questions so distinct that, one being
taken away, the rest may stand as a separate proposition. A motion for division of the question
is not in order on a bill which is before either house for final disposition. A member may not
call for the division of a bill.
5-15. Order of questions motions. All questions, other than privileged questions motions as
listed in Joint Rule 5-3, shall be put in the order they are moved.
Amend Chapter 6C of the Joint Rules as follows:
6C-1. Bills and resolutions that require fiscal notes. A bill, amendment, or resolution that has an effect on the revenues, expenditures, or fiscal liability of the state or any political subdivision of the state may include a fiscal note incorporating an estimate of the effect. This rule does not apply to the cost of legislative processing, or any appropriation bill with specific dollar amounts. A fiscal note is an estimate of the fiscal implications relating to revenues, expenditures or debt, and the probable cost of the bill, amendment, or resolution. In preparing the fiscal note, the Director of the Legislative Research Council may use information or data supplied by any person, agency, organization, or governmental unit that the director deems reliable. The director shall state the sources of the information or data used and may state the extent to which the director relied on the information or data in preparing the fiscal note. If the director is unable to acquire or develop sufficient information or data to prepare a fiscal note, the director may prepare the fiscal note stating that fact, and the fiscal note shall be deemed to comply with this rule. If the director determines that the fiscal impact of a bill, amendment, or resolution cannot be determined, the director may prepare the fiscal note stating that fact, and the fiscal note shall be deemed to comply with this rule.
6C-1.3. Prison or jail population cost estimates. A prison or jail population cost estimate
may be requested pursuant to Joint Rule 6C-1.1 for any bill or amendment with a Class 1
misdemeanor penalty that may impact the state prison or county jail population. The cost
estimate shall be prepared pursuant to §§ 2-1-19 and 2-1-20 2-9-33 and 2-9-34.
Amend Chapter 7 of the Joint Rules as follows:
7-1.8. Final disposition. Final disposition is any action which moves a bill out of a committee
to the floor of a house or to another committee or which removes it from further consideration
by the committee. Examples of final disposition include "Do Pass," "Do Pass, Amended,"
"Refer to Another Committee," "Lay on the Table," and "Defer to a Day Certain Beyond the
End of the Session the 41st Day."
7-4. Dissenting reports. If the members of a committee cannot agree on its report, the majority
and minority may each make a report. Any member dissenting in whole or in part from the
reasoning and conclusions of both majority and minority may also present a statement of the
member's reasoning and conclusions. All reports must shall be entered in the journal if found
by the presiding officer to be decorous in language and respectful to the house and shall be
entered in the journal.
7-16. Motions. When a question is under debate, no motion may be made except the following
motions:
(1) Adjourn; (nondebatable)
(2) Recess;
(3) Call the previous question; (nondebatable)
(4) Lay on the table; (nondebatable)
(5) Defer to a day certain beyond the end of the session; the 41st day;
(6) Do pass;
(7) Do pass, amended;
(8) Do not pass;
(9) Do not pass, amended;
(9) (10) Without recommendation;
(11) Without recommendation, amended;
(10) (12) Defer to a day certain;
(11) (13) Refer to another committee;
(14) Refer to another committee, amended
(12) (15) Amend;
(16) Approve or amend minutes; and
(13) (17) Appoint a subcommittee.
7-27. Division of the question. Any member may call for a division of the question. The chair
shall divide the question if it contains questions so distinct that, one being taken away, the rest
may stand as a separate proposition. A member may not call for the division of a bill.
7-28. Committee procedure - Remote electronic testimony. During any regular or special
session of the Legislature, a committee chair may, upon the unanimous consent of the members
present, permit a person to appear from a remote site and give testimony before the committee
by electronic audio/video audio or video means.
Amend Chapter 12 of the Joint Rules as follows:
12-3. Voting procedures. Questions shall be put in this form: "As many as favor the question,
as stated, say 'Yea'; as many as are opposed to the question, as stated, 'Nay'." If the presiding
officer doubts the result of a vote or if a division is called for, the members shall divide. Those
in the affirmative shall rise from their seats and remain standing until counted. A vote of “aye”
or “yes” shall be recorded as “yea” and a vote of “no” shall be recorded as “nay.”
Amend Chapter 15 of the Joint Rules as follows:
15-3. Notification of bill or resolution deferred to 36th or the 41st day. If the consideration
of any bill or joint resolution which originated in one house shall be postponed in the other
house to a day so distant that it will not be taken up again by the present session, the house of
origin shall be immediately notified of such action.
The joint rules and the rules of the Senate and House shall be printed in the House
Journal.
Respectfully submitted, Respectfully submitted,
G. Mark Mickelson Brock L. Greenfield
Lee Qualm R. Blake Curd
Spencer Hawley Jason E. Frerichs
House Committee Senate Committee
Rep. Qualm moved that the report of the House Select Committee relative to the house
rules as found on page 48 of the House Journal be referred back to the House Select Committee
for reconsideration.
Which motion prevailed.
Rep. Qualm moved that the report of the Standing Committee on State Affairs on
HB 1005 as found on page 54 of the House Journal be adopted.
HB 1076 Introduced by: Representatives Ahlers, Bartels, Dennert, Hawley, Karr,
Lesmeister, McCleerey, Peterson (Kent), Pischke, and Smith and Senators Langer, Bolin,
Frerichs, Kennedy, Killer, Nesiba, and Youngberg
FOR AN ACT ENTITLED, An Act to authorize townships to use a tax levy for emergency
medical services.
Was read the first time and referred to the Committee on Taxation.
HB 1077 Introduced by: Representatives Ahlers, Dennert, Hawley, Howard, Latterell,
Lesmeister, Peterson (Kent), and Smith and Senators Langer, Cronin, Frerichs, Greenfield
(Brock), Kennedy, Killer, Maher, and Nesiba
FOR AN ACT ENTITLED, An Act to update certain language regarding capital
punishment and to revise the mandatory sentence for persons with an intellectual disability
convicted of murder in the first degree.
Was read the first time and referred to the Committee on State Affairs.
HB 1078 Introduced by: Representatives Steinhauer, Beal, Clark, Greenfield (Lana),
Heinemann, Johns, Johnson, Lesmeister, Livermont, Lust, May, McCleerey, Mickelson, Otten
(Herman), Peterson (Sue), Pischke, Rasmussen, Reed, Rhoden, Ring, Rounds, Smith,
Willadsen, York, and Zikmund and Senators Soholt, Bolin, Cronin, Klumb, Kolbeck, Partridge,
Peters, Rusch, Solano, Stalzer, Tapio, and Youngberg
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal of
security freezes.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1079 Introduced by: Representatives Steinhauer, Diedrich, DiSanto, Holmes,
McCleerey, Rounds, and York and Senators Soholt, Greenfield (Brock), Killer, and Klumb
FOR AN ACT ENTITLED, An Act to authorize certain physical therapists to perform dry
needling as a treatment technique.
HB 1080 Introduced by: Representatives Schoenfish, Jamison, Jensen (Kevin), Johns,
Kaiser, Lust, Mickelson, Smith, Steinhauer, and Zikmund and Senators Kolbeck, Kennedy,
Nesiba, Netherton, and Stalzer
FOR AN ACT ENTITLED, An Act to revise certain requirements to qualify for emblem
specialty plates for motor vehicles.
Was read the first time and referred to the Committee on Transportation.
HB 1081 Introduced by: Representatives Rhoden, Haugaard, Hawley, Mickelson, Peterson
(Kent), and Qualm and Senators Cammack, Curd, Ewing, Frerichs, Greenfield (Brock), Maher,
and Sutton
FOR AN ACT ENTITLED, An Act to extend the effective date of certain provisions
regarding the recreational use of nonmeandered water.
Was read the first time and referred to the Committee on State Affairs.
HB 1082 Introduced by: Representatives Steinhauer, Beal, Clark, Greenfield (Lana),
Hawley, Heinemann, Hunhoff, Johns, Lesmeister, Livermont, May, Mickelson, Otten (Herman),
Peterson (Sue), Rasmussen, Reed, Rhoden, Rounds, Schoenfish, Smith, Willadsen, York, and
Zikmund and Senators Cronin, Bolin, Klumb, Kolbeck, Partridge, Peters, Rusch, Soholt,
Solano, Stalzer, and Youngberg
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licensure for the
lending of money.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1083 Introduced by: Representatives Rhoden, Beal, Carson, Clark, Dennert, DiSanto,
Glanzer, Goodwin, Gosch, Heinemann, Jensen (Kevin), Johnson, Kaiser, Karr, Kettwig,
Latterell, Lesmeister, Livermont, May, Mills, Peterson (Kent), Schoenfish, Turbiville, and
Wiese and Senators Otten (Ernie), Cammack, Cronin, Ewing, Klumb, Maher, Monroe,
Netherton, Peters, Soholt, and Solano
FOR AN ACT ENTITLED, An Act to reduce certain fees for enhanced permits to carry
a concealed pistol.
Was read the first time and referred to the Committee on State Affairs.
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding garnishment
disclosure forms.
Was read the first time and referred to the Committee on Judiciary.
The following bills were read on January 9, 2018, and today the Speaker assigned these
bills to committee.
HB 1009 was referred to the Committee on State Affairs.
HB 1010 was referred to the Committee on State Affairs.
HB 1025 was referred to the Committee on State Affairs.
HB 1001: FOR AN ACT ENTITLED, An Act to revise the membership of the Executive
Board of the Legislative Research Council.
Was read the second time.
The question being “Shall HB 1001 pass?”
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Brunner; Campbell; Carson; Chase; Clark;
Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch;
Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen
(Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust;
Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke;
Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith;
Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson
Excused:
Bordeaux; McPherson; Soli; Zikmund
HB 1003: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
content of the campaign finance disclosure reports and to declare an emergency.
Was read the second time.
The question being “Shall HB 1003 pass?”
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Brunner; Campbell; Carson; Chase; Clark;
Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch;
Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen
(Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust;
Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke;
Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith;
Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson
Excused:
Bordeaux; McPherson; Soli; Zikmund
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.
HB 1004: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
petition forms for initiated measures and initiated amendments to the Constitution.
Was read the second time.
The question being “Shall HB 1004 pass?”
And the roll being called:
Yeas 60, Nays 6, Excused 4, Absent 0
Nays:
Campbell; Dennert; Goodwin; Kaiser; Marty; May
Excused:
Bordeaux; McPherson; Soli; Zikmund
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1006: FOR AN ACT ENTITLED, An Act to revise the extent of comments required
by the director of the Legislative Research Council regarding certain ballot measures and the
period of time in which those comments are to be made.
Was read the second time.
Rep. Bartling moved that HB 1006 be amended as follows:
And the roll being called:
Yeas 64, Nays 2, Excused 4, Absent 0
Nays:
Bartling; Wismer
Excused:
Bordeaux; McPherson; Soli; Zikmund
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Rep. Beal moved that the House do now adjourn, which motion prevailed and at 2:33 p.m.
the House adjourned.